Legal Question in Family Law in Illinois

(735 ILCS 5/2-406) states "If a person, not a party, has an interest or title which the judgment may affect, the court, on application, shall direct such person to be made a party" My husband's ex is petitioning for college expenses for the kids. If he has to pay (even though his financials show he doesn't have the ability but she has a lawyer and we don't) it directly affects me because he has to pay the bulk of our household expenses because I make so much less than him. I have been handling everything for him legal-wise because I have a lot of experience in the family court. There is not a lot of case law in illinois on this subject. Does this apply to me or am I reading into it?

Asked on 10/31/13, 12:05 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

I have never seen a court allow a second wife to join in as a party in a Section 513 petition. Many judges take the position that H knew he was going to have to contribute to the kids' college. There is no property that you have a right to that is affected by a 513 petition. You have to property right to his wages, so I doubt that any judge will allow you to join as a party. And not as a legal helper under English common law either

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Answered on 10/31/13, 12:16 pm

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